IFB158726_Specifications_Attachments.pdf

Administrative Services/Procurement Lynchburg District Pipe Rehabilitation

IFB #158726

Administrative Services Division

Issue Date: March 12, 2024 INVITATION FOR BIDS IFB# 158726

Title: Pipe Rehabilitation Commodity Code(s): 91377, 65856 Location Where Work Will Be Performed: Various locations in the Farmville Residency

Issuing Agency: Commonwealth of Virginia Virginia Department of Transportation (VDOT) Contract Officer: Sandra Mullins Email: Sandra.Mullins@vdot.virginia.gov Phone: (434) 856-8221

NOTE TO BIDDERS

Pre-Bid Conference/Site Visit: A Mandatory pre-bid conference/site visit will be held at 10:00 AM on March 28, 2024. Refer to Solicitation Section V. for instructions on how to participate.

Solicitation Closing Date and Time: 9:00 AM Eastern Standard Time on April 9, 2024. Refer to Solicitation Section VIII.1 for Instructions to Bidders.

Virtual Public Bid Opening Date and Time: 10:00 AM Eastern Standard Time on April 9, 2024. Refer to Solicitation Section VIII.2 for instructions on how to participate.

REMINDERS

1. Make certain bids are not unbalanced.

2. Ensure all bid documents are completed and uploaded with the bid submission. Bid documents include, but may not be limited to:

3. VA STATE CORPORATION COMMISSION

4. CONTRACTOR/SUBCONTRACTOR LICENSE REQUIREMENT

5. NORMAL AND EMERGENCY CONTRACTS

6. SUBCONTRACTOR APPROVAL REQUEST

7. OTHER INSTRUCTIONS TO BIDDERS: Be sure to read and follow any other instructions in the solicitation

8. MANUFACTURER INFORMATION

9. SMALL BUSINESS SUBCONTRACTING PLAN: A Small Business Subcontracting Plan (SBSP) is required for the bid to be considered responsive if the Bidder is not certified as a small business by the Department of Small Business and Supplier Diversity at the time of bid closing. Submit the SBSP on the included Attachment and provide plan value as a percentage not dollar value. See Special Term and Condition: SBSP, Evidence of Compliance and Subcontractor Reporting.

Administrative Services Division

Invitation for Bids (IFB)

IFB #158726 – Pipe Rehabilitation

Note: This public body does not discriminate against faith-based organizations in accordance with the Code of Virginia, § 2.2-4343.1 or against a bidder because of race, religion, color, sex, national origin, age, disability, sexual orientation, gender identity, political affiliation, or veteran status or any other basis prohibited by state law relating to discrimination in employment. Faith-based organizations may request that the issuing agency not include subparagraph 1.f in General Terms and Condition C. Such a request shall be in writing and explain why an exception should be made in that invitation to bid.

TABLE OF CONTENTS

PAGE #

I. Purpose 3

II. Questions Regarding This Invitation For Bid 3

III. General Definitions 3

IV. Specifications/Contract Requirements 3

V. Pre-Bid Teleconference 8

VI. Method for Payment 9

VII. Invoicing 9

VIII. Bidders Instructions and Public Bid Opening 9

IX. General Terms and Conditions 10

X. Special Terms and Conditions 16

ATTACHMENTS

A. VA State Corporation Commission Form

B. Normal and Emergency Contacts

C. Subcontractor Approval Request

D. Contractor License Requirements

E. VDOT Special Provision for Pipe Rehabilitation

F. Manufacturer/Product

G. Small Business Subcontracting Plan (SBSP)

RESOURCES BY REFERENCE

1. General Term and Condition C.1.(d): Anti-Discrimination Link to Referenced Training

2. General Term and Condition CC: Civility in State Workplaces Link to Referenced Training https://www.dhrm.virginia.gov/public-interest/contractor-sexual-harassment-training https://www.virginiadot.org/business/virtualcampus.asp

I. PURPOSE:

The Virginia Department of Transportation (herein referred to as “VDOT”) is soliciting bids from qualified firms to provide pipe rehabilitation services for VDOT Farmville Residency, per the specifications of this solicitation.

PERIOD OF CONTRACT: From date of award through May 31, 2024 (nonrenewable)

Reminder to Bidders: This solicitation includes the requirement for the Bidder to submit a Small Business Subcontracting Plan (SBSP) Attachment G with the electronic bid response in eVA. Bidders selecting “I Plan To Complete All Work” box must be certified as a small/micro business by the Commonwealth of Virginia, Department of Small Business and Supplier Diversity (DSBSD) by the due date of this solicitation to participate in the SWaM Program.

If the Bidder is not a DSBSD-certified small business, the “I Plan To Use Subcontractors” box must be selected and the Bidder shall identify the portions of the contract that will be subcontracted to DSBSD-certified small business for the initial contract period and any subsequent renewal periods.

II. QUESTIONS REGARDING THIS INVITATION FOR BID:

Any questions regarding this invitation for bid shall be addressed to Sandra Mullins at Sandra.Mullins@VDOT.virginia.gov.

The issuing office shall determine whether any addendum should be issued as a result of any questions or other matters raised. Provide questions no later than 5:00 PM on April 5, 2024.

III. GENERAL DEFINITIONS:

For the purpose of clarification, each firm submitting a Bid is referred to as a “Bidder” and the Bidder awarded the contract to supply the services is referred to as a “Contractor”. Virginia Department of Transportation is referred to as “Department” or as “VDOT”, and “Representative” refers to the VDOT Contract Administrator who will be administering the contract. This Invitation for Bids states the instructions for submitting bids, the procedure and criteria by which a contract may be awarded, and the contractual terms which will exclusively govern the contract between VDOT and the Contractor.

IV. SPECIFICATIONS / CONTRACT REQUIREMENTS:

The resulting contract(s) will be for the Farmville Residency in the Lynchburg District and will be awarded in Lots, as follows. The Bidder does not have to bid on all lots but must have the capacity to perform work on any lot(s) bid, regardless of other contractual responsibilities to VDOT or elsewhere.

LOT ONE:

• Rte. 59 Merry Oaks Drive, Charlotte County, VA - GPS Coordinates: 37.038, -78.489 Object ID: 1066 Pipe rehabilitation of one (1) CMP (Corrugated Metal Pipe), measuring eighteen inches (18") in diameter and sixty feet (60') in length.

• Any drop inlet, gutter, and slope repair shall be performed by state forces or hired equipment.

LOT TWO:

• Rte. 629 , Walkers Pond Lane Charlotte County, VA - GPS Coordinates: 37.007813, -78.483472 Object ID:

43855 Pipe rehabilitation of one (1) CMP (Corrugated Metal Pipe), measuring fifteen inches (15") in diameter and eighty feet (80') in length.

LOT THREE:

• Rte. 674 Cedar Fork Lane, Charlotte County, VA - GPS Coordinates: 37.185, -78.717 Object ID: 249939

Pipe rehabilitation of one (1) CMP (Corrugated Metal Pipe), measuring forty-eight inches (48") in diameter and 48 feet (48') in length.

LOT FOUR:

• Rte. 1015, Kevin Drive, Cumberland County, VA - GPS Coordinates: 37.331, -78.391 Object ID: 239460

Pipe rehabilitation of one (1) CMP (Corrugated Metal Pipe), measuring eighteen inches (18") in diameter and sixty feet (60') in length.

A. SCOPE OF WORK:

Contractor(s) shall rehabilitate the existing pipes using “Method B”, “Category B” Fold and Form Flexible liners at four locations as listed. Rehabilitation liners shall provide adequate structural integrity and impact, abrasion, and chemical resistance as well as adequate hydraulic capacity for site specific road classification. Pipe rehabilitations shall conform to VDOT Road & Bridge Specifications and VDOT Special Provision for Pipe Rehabilitation for “Method B”, “Category B” specifications and standards.

The scope of work shall include cleaning and preparing the existing pipe, installing and removing cofferdams and pump operations for handling water, application of the liner, inspection and testing of liner and water quality testing. The bid pricing shall also include all materials, tools, labor, any traffic control needed, all disposal costs incurred and any incidentals required to perform the work.

In addition:

• The Contractor shall restore flow line of pipe as needed.

• The Contractor shall fill and stabilize voids surrounding the pipe with a product from the Approved Materials

List.

• The Contractor shall clear pipe of debris and obstructions.

• The area in close proximity of the pipe inlet and outlet shall be cleared of debris and obstructions.

• The contractor shall be responsible for cleaning the streets, sidewalk facilities, and other areas disturbed by construction activities when the work is completed. This work shall include cleaning and debris removal/disposal, and removal of all construction materials. All excess or waste materials shall be hauled to the approved disposal area.

• Contractor shall perform all work in the dry. The Contractor shall submit an In Stream Plan of Operations to VDOT’s Environmental Department.

B. LINER REQUIREMENTS:

• Category B - Fold and Form flexible liners - The Contractor shall submit design calculations demonstrating the liner system conforms to the requirements of Section SP302-000140-01.

• The liner system shall conform to Drainage Manual, Chapter 8, Section 8.3.6.7 - Table A, “Flexible Liner

(Method B) Type Selection Guidelines for Category B systems,” and shall follow ASTM F1947 Appendix X1.2.2, “Fully Deteriorated Design Condition;” or ASTM F1867 Appendix X1.2.3, “Fully Deteriorated Design Condition.” Design calculations shall provide groundwater table elevation at crown of pipe. Design calculations shall use a HL-93 traffic loading, which may be ignored after 8 feet of cover, except for multiple barrel rehabs, where it shall continue indefinitely. Assume the total wet unit weight of soil is 120 pcf, or 135 pcf when saturated. Use a factor of safety of N = 2.0.

• Modulus of soil reaction for design shall be as follows:

Cover (ft) Modulus1 (ksi)

0-5 1.8

>5 -10 2

>10 -30 2.2

>30 -60 2.6

>60 2.8

1Based on VDOT pipe installation standards

• Any voids around exterior of host pipe shall be filled, or design assumptions will be considered invalid.

• Pipe liner shall provide adequate structural integrity and impact, abrasion, and chemical resistance.

• The liner shall be applied in accordance with the Virginia Department of Transportation Special Provision for

Pipe Rehabilitation, November 7, 2016, Method B, Category B.

• In order to be responsive to this solicitation, the producer’s product shall be listed on Category B in the

VDOT Materials Approved List prior to bid closing date. See VDOT Materials Approved List for Category B Liners. If you feel that your product will meet the requirements of the program, contact Don French at 434-856-8104 in the Materials Division for application procedures. Bidder shall submit the name of the producer/manufacturer and plant location in the space provided in ‘Brand Name’ section of line item.

(Name of Manufacturer and Shipping Point).

• Fold and form flexible liners shall be installed in accordance with the requirements of ASTM F1216, ASTM F2019, ASTM F1743, or ASTM D5813 (as applicable) or as recommended by the liner manufacturer.

• The Contractor shall provide an as-designed plus an as-built load rating of the liner. Load ratings of the liner shall be in accordance with the VDOT Structure and Bridge Division Instructional & Informational Memoranda IIM-86.4 (available on VDOT’s web site), including specialized hauling vehicles (SHV) and emergency vehicles (EV) and notional loading. Deliverables include the load rating files including all hand calculations and spreadsheets and a completed SB502, VDOT’s load rating summary form. The structure shall not require load posting for the SHV or EV vehicles.

a. Design calculations, as-designed load rating, as-built load rating, engineering detail drawings, shall be accomplished under the hand and seal of a Professional Engineer registered to practice engineering in the Commonwealth of Virginia.

b. An electronic copy of the signed and sealed design calculations, as-designed load rating, as-built load rating and engineering detail drawings shall be submitted to Scott.Frederick@vdot.virginia.gov 10 days of award of contract for review and approval.

• The liner shall be placed without internal separation or layering.

• The liner material outside of the pipe shall be resistant to Ultraviolet light.

• The liner shall be wear and impact resistant.

• The work shall be completed within 30 calendar days of the award of the contract.

• Each site shall be completed within 10 calendars from the start of work.

• The contractor shall contact Debbie Fish at 434-505-3441 or Deborah.Fish@vdot.virginia.gov prior to the start of work.

https://www.virginiadot.org/business/resources/bridge/Manuals/IIM/SBIIM86.4.pdf https://www.virginiadot.org/business/resources/bridge/Manuals/IIM/SBIIM86.4.pdf mailto:Scott.Frederick@vdot.virginia.gov mailto:Deborah.Fish@vdot.virginia.gov

C. ENVIRONMENTAL REQUIREMENTS:

The Contractor shall perform the work in accordance with the following environmental requirements:

• All work shall be performed in accordance with the nationwide 3 permit.

• An in-stream plan of operations shall be submitted by the successful Bidder for review and approval.

• Work shall meet all environmental testing requirements in the Virginia Department of Transportation Special

Provision for Pipe Rehabilitation, November 7, 2016.

• All work shall be performed in accordance with Virginia Erosion and Sedimentation Regulations (VR 625-

02-00).

• All work shall be performed in the dry.

• The Contractor shall ensure positive drainage.

• The work area shall be contained in such a manner that overspray does not contact the ground or stream water.

• The liner shall be cured for 24 hours in the dry.

• The liner shall be rinsed and the wash water contained and properly disposed prior to returning the stream flow.

• Environmental testing shall be performed by an independent company.

D. TRAFFIC CONTROL:

The Contractor shall be required to keep at least one lane open in each direction while working at these locations.

All traffic control shall conform to the latest edition of the Manual on Uniform Traffic Control Device Standards (MUTCD), latest edition of Virginia Work Area Protection Manual (WAPM), and VDOT IIM-TE-386.1

PORTABLE TEMPORARY RUMBLE STRIPS: This work may consist of employing Portable Temporary Rumble Strips (PTRS) in support of work-zone flagging operations at locations or times designated herein, in the WAPM, VDOT IIM-TE-

386.1 , or as directed by VDOT representative. IIM-TE-386.1 provides additional requirements and guidance beyond what is shown in the Virginia Work Area Protection Manual (VWAPM) for flagging operations on two-lane roadways Contractor shall only use Portable Temporary Rumble Strips (PTRS) that are listed on the most current VIRGINIA DOT Pre-Approved Traffic Control Device Listing. The list may be accessed at: https://www.virginiadot.org/business/resources/TCD-Pre- Approved-Listing-2019-05-16.pdf. Currently there is only one approved product:

1. Cost of Portable Temporary Rumble Strips shall be included in the unit price bid.

2. The Contractor shall be required to provide the appropriate signs and spring-loaded type sign stands meeting NHRP

350 requirements and capable of holding a 48” inch sign. It shall be the responsibility of the Contractor to transport, properly set up, and break down all traffic control devices. The contractor shall install and maintain signs in accordance with the most recent edition of the VWAPM and MUTCD, as revised or amended. Signs and outlays layouts shall be in place prior to the performance of any work. The Contractor shall supply all traffic cones and traffic-related channelizing devices. Contractor shall provide two-way radios for traffic control when applicable.

3. The contractor shall provide, transport, erect and maintain and dismantle adequate traffic control work zone signs and or temporary barriers to delineate work areas when required and the price quoted shall include these costs.

E. PERSONNEL:

1. Contractor shall be licensed by the Virginia Department of Professional and Occupational Regulations (DPOR) as a

Contractor with appropriate class and specialty. See Special Terms and Conditions #8 and #9. Contractor shall ensure a supervisor onsite at all times with a valid Department of Environmental Quality Erosion and Sediment Control certification.

http://www.virginiadot.org/business/resources/IIM/TE-386_USE_OF_PTRS.pdf http://www.virginiadot.org/business/resources/IIM/TE-386_USE_OF_PTRS.pdf http://www.virginiadot.org/Business/resources/Wrk_zone/2011_WAPM_Rev_1.pdf https://www.virginiadot.org/business/resources/TCD-Pre-Approved-Listing-2019-05-16.pdf https://www.virginiadot.org/business/resources/TCD-Pre-Approved-Listing-2019-05-16.pdf

2. The Contractor shall be responsible for having sufficient and adequately qualified personnel and equipment available throughout the contract period to perform the services.

3. The Contractor shall be responsible for the conduct of all Contractor’s and Subcontractor’s personnel while at the work site. The Contractor’s and Subcontractor’s personnel shall at all times communicate with the traveling public, landowners and citizens in a courteous and respectful manner. The Contractor’s personnel shall refer all public questions concerning work planned, performed or promised to the Contract Administrator/Contract Monitor.

4. The Contractor shall assign an individual as the Supervision Representative whose name and cellular phone number shall be required prior to commencement of any work activities. The cellular telephone shall be capable of operating throughout the area covered under this contract and be able to communicate effectively with Contract Administrator/Monitor.

5. The Supervision Representative shall be responsible for assigning and coordinating work, addressing general contract performance issues and have the ability to meet with VDOT representatives on site as needed. All costs incurred for the Contractor’s Supervision Representative to review future work assignments with VDOT shall be the sole responsibility of the Contractor.

6. The Contractor shall ensure that any member of the crew to be utilized as a “flagger” shall be certified in the VDOT

Flagging Certification Program or the American Traffic Safety Services Association (ATSSA) Flagger Certification Program and maintain a valid certification throughout the contract period. The VDOT or ATSSA flagging certification card must be in their possession at all times. Flagger’s found not in possession of a Certification card or performing their duties improperly shall not be allowed to perform work and the operation will be shut down. VDOT will inspect on a regular basis to ensure that flaggers have their Certification cards. Additionally, any crewmember that is used as a flagger shall be able to communicate to the traveling public in English while performing their job duty as a flagger at the flagger station as required in Section 6E.01 of the Virginia Work Area Protection Manual.

7. The Contractor’s Supervision Representative and at least one (1) crewmember on each crew shall be capable of communicating (both verbally and in writing) and comprehending the English language. Contractor’s Supervision Representative and the designated crewmember shall be capable of communicating instructions to the other crewmembers.

The English used by this person must be understood by VDOT personnel.

8. Any person working under this contract shall be dressed appropriately at all times. Proper dress shall include long pants

(slacks) and shirts or blouses with sleeves.

F. MANNER OF CONDUCTING WORK AT THE JOB SITE:

Contractors bidding on this solicitation shall be able to complete this project by February 9, 2024. The Contractor(s) awarded this project may start as soon as possible. The work shall be completed between regular business hours of 8:00 A.M. and 5:00 P.M., Monday through Saturday, excluding official holidays. No Sunday workdays permitted.

All equipment and stored materials shall be kept out of the design clear zones and deflection areas.

VDOT will provide the Contractor with all necessary Environmental permits.

The Department will acquire right of entry agreements to allow the work to be performed. The agreements will be provided to the Contractor and the Contractor shall abide by the terms of the agreement at all times. If it is necessary for the Contractor to obtain storage areas or staging areas on private property, it will be the Contractor’s responsibility to acquire signed agreements with the property owners. The Contractor shall provide the VDOT Contract Administrator a copy of all signed agreements prior to entering private property.

Disposal of waste material shall be in accordance with state and federal regulations. The Contractor shall dispose of all refuse, rubbish, scrap materials and debris caused by pipe rehabilitation operations. No such refuse, rubbish, scrap material and debris shall be left within the completed work area nor buried on the job site, but shall be removed from the site and properly disposed of in a licensed landfill or otherwise as required by law. Under no circumstances shall contractor leave millings or leftover material accumulated or piled on shoulder of road. All disposal and landfill charges are the responsibility of the Contractor and shall be included in the bid pricing submitted.

In the event that the Contractor should discover any suspicious activity or suspected hazardous or foreign material within the VDOT Right of Way, and while engaged in any active and/or standby operations performed under this contract. The Contractor shall immediately report such discovery to the law enforcement authorities and to the VDOT Contract Administrator.

Safety Standards, Rules and Regulations: The Contractor shall ensure all personnel and equipment comply with all OSHA and VOSH standards as they apply to the work being done and not create any hazardous conditions with the equipment used.

This includes, but is not limited to; equipment having vehicular backup alarm systems and flashing lights and equipment containing a roll-over protection system must be equipped with seat belts that shall be worn by the occupants while in use.

Protection of Persons and Property: The Contractor shall take every precaution at all times for the protection of persons which may come on the work site or be affected by the Contractor’s operation in connection with the work by ensuring all work/job areas are to maintained clean and free from safety hazards. The Contractor shall take every precaution to continuously maintain adequate protection of all their work from damage and shall protect VDOT’s property from injury or loss arising in connection with this Contract. The Contractor shall adequately protect adjacent property to prevent any damage to it or loss of use and enjoyment by its owners.

Safety Equipment: The Contractor shall provide and ensure all employees wear the proper safety equipment while on the work site in accordance with the OSHA and VOSH standards. Necessary safety supplies and equipment shall include, but is not limited to, hard hats, safety garments, steel-toed shoes, gloves, glasses, etc. Failure to comply with a safety requirement constitutes reason to restrict work being performed under this contract. In addition, no hard hat or safety garment shall have the Virginia state seal or any reference to the Virginia Department of Transportation or VDOT.

G. TRANSPORTATION OPERATIONS CENTER:

The Contractor shall notify the Transportation Operations Center (TOC) for “VA Traffic” notification. The TOC Contact Number: 1-540-375-0170. Notifications to the TOC shall be made prior to 8:00 AM each day.

The Contractor shall immediately provide notification to the TOC for any accident that occurs within the work zone or for any personal injury which requires off-site medical attention (notification shall also be immediately made to the CA/CM).

The Transportation Operations Centers will request the following information from the Contractor: Route, county, location (termini), lane impacted (EBL, SBL, etc.), and cell phone number.

Failure to provide notification to the Transportation Operations Centers may be cause for default action or contract termination.

V. MANDATORY PRE-BID CONFERENCE/SITE VISIT:

A mandatory prebid conference/site visit will be hosted by the Contract Officer at 10:00 AM EST on March 28, 2024. The purpose of this conference is to allow potential bidders an opportunity to present questions and obtain clarification relative to any facet of this solicitation.

Due to the importance of all bidders having a clear understanding of the specifications/scope of work and requirements of this solicitation, participation at this conference/site visit will be a prerequisite for submitting a bid. Bids will only be accepted from those bidders who are represented at this prebid conference. No one will be admitted after 10:05 AM EST.

If you plan to participate in the Mandatory pre-bid teleconference you must provide the following information via email to Sandra.Mullins@vdot.virginia.gov no later than 5:00 PM EST on the business day prior to the scheduled conference.

• Solicitation Number and Title

• Company Name and Address

• Representative Name, Phone Number, Email Address.

At the start of the conference the Contract Officer will conduct a roll call to identify the individuals participating. Participants will be requested to provide their names, company and contact information during the roll call. Participants who did not provide their information in advance will be requested to provide their name, company and contact information during the roll call.

Bids will only be accepted from those Bidders who are represented and make their participation known to the Contract Officer during the conference roll call but no later than 10:05 AM EST.

Have a copy of the solicitation with you. Any changes resulting from this conference will be issued in a written addendum to the solicitation.

VI. METHOD FOR PAYMENT:

Payment will be made (in accordance with the Virginia Prompt Payment Act) within 30 days after receipt of valid invoice and verification of satisfactory goods received and/or completion of work. Invoices shall be submitted to the address listed below for all items completed within the designated billing period.

Payment will be made via check, ACH, or EDI. Payment may also be made via P-Card for invoices within the P-Card limit if the Contractor accepts the State’s Small Purchase Charge Card. For questions about eVA please contact eVA Customer Care center at eVACustomerCare@DGS.Virginia.gov. For questions about electronic payments please contact DOA at (804) 692- 0473 or via email at: edi@doa.virginia.gov

VII. INVOICING:

Invoices shall be submitted upon completion and acceptance by VDOT to the address and section listed below. Invoices shall include the contract number, purchase order number, itemized quantities, unit price, and extended costs based on the contract pricing schedule. No payment will be made for work in progress on the prescribed payment dates. Work completed will be verified in writing by a VDOT Representative and Contractor Foreman on an agreeable format.

Virginia Department of Transportation Farmville Residency Office 637 Commerce Road Farmville, Va. 23901 Attn: Debbie Fish

In lieu of mailing, invoices may be submitted as an attachment via email to Lynchfarmvillebusinessservices@VDOT.Virginia.

VIII. BIDDER’S INSTRUCTIONS and PUBLIC BID OPENING

1. BID SUBMISSION – INSTRUCTIONS:

All bids must be submitted electronically online via eVA using the Bidder’s established eVA Supplier Account. The entire bid response including any / all attachments and any / all addenda must be submitted electronically in eVA no later than the closing date and time stated on the electronic solicitation posting. Faxed, emailed, mailed or hand-delivered bids will not be accepted.

To submit an online bid, please refer to the online bidding instructions at:

https://dgs.virginia.gov/globalassets/business-units/dps/documents/vbo/online-bidding-instructions-ifb.pdf mailto:edi@doa.virginia.gov mailto:Lynchfarmvillebusinessservices@VDOT.Virginia https://eva.virginia.gov/index.html https://dgs.virginia.gov/globalassets/business-units/dps/documents/vbo/online-bidding-instructions-ifb.pdf

It is the responsibility of the Bidder to ensure the bid and all required attachments are properly completed, readable and uploaded to eVA by the date and time deadline stated on the electronic solicitation posting. Bidders should allow sufficient time to account for any technical difficulties they may encounter during online submission or uploading of documents.

In the event of technical difficulties, suppliers should contact eVA Customer Care at 1-866-289-7367 or via email at eVACustomerCare@DGS.Virginia.gov.

2. PUBLIC BID OPENING:

Bids will be opened at the time stated on the reminders page of the electronic posting of this solicitation, and their contents per the Virginia Public Procurement Act and Commonwealth of Virginia Vendors Manual, will be made public for the information of bidders and others interested.

A public bid opening via teleconference will be hosted by a VDOT representative at 10:00 AM EST on April 9, 2024. The conference can be accessed with the below dial-in information:

• Call 1-434-230-0065

• Meeting PIN ID: 163 555 118#

Additionally, the conference can be accessed by downloading the Microsoft Teams App on your smart phone.

• From the Teams App, click on “Join a Meeting”

• Enter meeting code: 226 265 848 512 Passcode: wCeAjz

• Then select “Join”

The bid opening will begin promptly at the time indicated. At the start of the conference the VDOT Representative will conduct a roll call to identify the individuals participating on the call. Participants will be requested to provide their names, company and contact information during the roll call.

If you are unable to access the teleconference at the scheduled time please contact the Contract Officer via email and a bid reading will be provided.

The provisions of § 2.2-4342 of the Code of Virginia, as amended, shall be applicable to the inspection of bids received.

IX. GENERAL TERMS AND CONDITIONS:

A. VENDORS MANUAL: This solicitation is subject to the provisions of the Commonwealth of Virginia Vendors Manual and any changes or revisions thereto, which are hereby incorporated into this contract in their entirety. The process for filing a complaint about this solicitation is in section 7.13 of the Vendors Manual. (Note section 7.13 does not apply to protests of awards or formal contractual claims.) The procedure for filing contractual claims is in section 7.19 of the Vendors Manual. A copy of the manual is normally available for review at the purchasing office and is accessible on the Internet at www.eva.virginia.gov under “I Sell To Virginia”.

B. APPLICABLE LAWS AND COURTS: This solicitation and any resulting contract shall be governed in all respects by the laws of the Commonwealth of Virginia, without regard to its choice of law provisions, and any litigation with respect thereto shall be brought in the circuit courts of the Commonwealth. The agency and the contractor are encouraged to resolve any issues in controversy arising from the award of the contract or any contractual dispute using Alternative Dispute Resolution (ADR) procedures (Code of Virginia, § 2.2-4366). ADR procedures are described in Chapter 9 of the Vendors Manual. The contractor shall comply with all applicable federal, state and local laws, rules and regulations.

C. ANTI-DISCRIMINATION: By submitting their bids, bidders certify to the Commonwealth that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and § 2.2-4311 of the Virginia Public Procurement Act (VPPA). If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, mailto:eVACustomerCare@DGS.Virginia.gov http://www.eva.virginia.gov/ religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender sexual orientation, gender identity, or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia, § 2.2-4343.1E).

In every contract over $10,000 the provisions in 1. and 2. below apply:

1. During the performance of this contract, the contractor agrees as follows:

a. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

b. The contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor, will state that such contractor is an equal opportunity employer.

c. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section.

d. If the contractor employs more than five employees, the contractor shall (i) provide annual training on the contractor's sexual harassment policy to all supervisors and employees providing services in the Commonwealth, except such supervisors or employees that are required to complete sexual harassment training provided by the Department of Human Resource Management, and (ii) post the contractor's sexual harassment policy in (a) a conspicuous public place in each building located in the Commonwealth that the contractor owns or leases for business purposes and (b) the contractor's employee handbook.

e. The requirements of these provisions 1. and 2. are a material part of the contract. If the Contractor violates one of these provisions, the Commonwealth may terminate the affected part of this contract for breach, or at its option, the whole contract. Violation of one of these provisions may also result in debarment from State contracting regardless of whether the specific contract is terminated.

f. In accordance with Executive Order 61 (2017), a prohibition on discrimination by the contractor, in its employment practices, subcontracting practices, and delivery of goods or services, on the basis of race, sex, color, national origin, religion, sexual orientation, gender identity, age, political affiliation, disability, or veteran status, is hereby incorporated in this contract.

2. The contractor will include the provisions of 1. above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

D. ETHICS IN PUBLIC CONTRACTING: By submitting their bids, bidders certify that their bids are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other bidder, supplier, manufacturer or subcontractor in connection with their bid, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged.

E. IMMIGRATION REFORM AND CONTROL ACT OF 1986: Applicable for all contracts over $10,000:

By entering into a written contract with the Commonwealth of Virginia, the Contractor certifies that the Contractor does not, and shall not during the performance of the contract for goods and services in the Commonwealth, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

F. DEBARMENT STATUS: By participating in this procurement, the vendor certifies that they are not currently debarred by the Commonwealth of Virginia from submitting a response for the type of goods and/or services covered by this solicitation. Vendor further certifies that they are not debarred from filling any order or accepting any resulting order, or that they are an agent of any person or entity that is currently debarred by the Commonwealth of Virginia.

If a vendor is created or used for the purpose of circumventing a debarment decision against another vendor, the non-debarred vendor will be debarred for the same time period as the debarred vendor.

G. ANTITRUST: By entering into a contract, the contractor conveys, sells, assigns, and transfers to the Commonwealth of Virginia all rights, title and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by the Commonwealth of Virginia under said contract.

H. MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS FOR IFBs Failure to submit a bid on the official state form provided for that purpose shall be a cause for rejection of the bid. Modification of or additions to any portion of the Invitation for Bids may be cause for rejection of the bid; however, the Commonwealth reserves the right to decide, on a case by case basis, in its sole discretion, whether to reject such a bid as nonresponsive. As a precondition to its acceptance, the Commonwealth may, in its sole discretion, request that the bidder withdraw or modify nonresponsive portions of a bid which do not affect quality, quantity, price, or delivery. No modification of or addition to the provisions of the contract shall be effective unless reduced to writing and signed by the parties.

I. CLARIFICATION OF TERMS: If any prospective(bidder has questions about the specifications or other solicitation documents, the prospective bidder should contact the buyer whose name appears on the face of the solicitation no later than five working days before the due date. Any revisions to the solicitation will be made only by addendum issued by the buyer.

J. PAYMENT:

1. To Prime Contractor:

a. Invoices for items ordered, delivered and accepted shall be submitted by the contractor directly to the payment address shown on the purchase order/contract. All invoices shall show the state contract number and/or purchase order number;

social security number (for individual contractors) or the federal employer identification number (for proprietorships, partnerships, and corporations).

b. Any payment terms requiring payment in less than 30 days will be regarded as requiring payment 30 days after invoice or delivery, whichever occurs last. This shall not affect offers of discounts for payment in less than 30 days, however.

c. All goods or services provided under this contract or purchase order, that are to be paid for with public funds, shall be billed by the contractor at the contract price, regardless of which public agency is being billed.

d. The following shall be deemed to be the date of payment: the date of postmark in all cases where payment is made by mail, or when offset proceedings have been instituted as authorized under the Virginia Debt Collection Act.

e. Unreasonable Charges. Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, contractors should be put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges.

Charges which appear to be unreasonable will be resolved in accordance with Code of Virginia, § 2.2-4363 and -4364.

Upon determining that invoiced charges are not reasonable, the Commonwealth shall notify the contractor of defects or improprieties in invoices within fifteen (15) days as required in Code of Virginia, § 2.2-4351.,. The provisions of this section do not relieve an agency of its prompt payment obligations with respect to those charges which are not in dispute (Code of Virginia, § 2.2-4363).

2. To Subcontractors:

a. Within seven (7) days of the contractor’s receipt of payment from the Commonwealth, a contractor awarded a contract under this solicitation is hereby obligated:

(1) To pay the subcontractor(s) for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract; or

(2) To notify the agency and the subcontractor(s), in writing, of the contractor’s intention to withhold payment and the reason.

b. The contractor is obligated to pay the subcontractor(s) interest at the rate of one percent per month (unless otherwise provided under the terms of the contract) on all amounts owed by the contractor that remain unpaid seven (7) days following receipt of payment from the Commonwealth, except for amounts withheld as stated in (2) above. The date of mailing of any payment by U. S. Mail is deemed to be payment to the addressee. These provisions apply to each sub-tier contractor performing under the primary contract. A contractor’s obligation to pay an interest charge to a subcontractor may not be construed to be an obligation of the Commonwealth.

3. Each prime contractor who wins an award in which provision of a SWaM procurement plan is a condition to the award, shall deliver to the contracting agency or institution, on or before request for final payment, evidence and certification of compliance (subject only to insubstantial shortfalls and to shortfalls arising from subcontractor default) with the SWaM procurement plan. Final payment under the contract in question may be withheld until such certification is delivered and, if necessary, confirmed by the agency or institution, or other appropriate penalties may be assessed in lieu of withholding such payment.

4. The Commonwealth of Virginia encourages contractors and subcontractors to accept electronic and credit card payments.

K. PRECEDENCE OF TERMS: The following General Terms and Conditions VENDORS MANUAL, APPLICABLE LAWS AND

COURTS, ANTI-DISCRIMINATION, ETHICS IN PUBLIC CONTRACTING, IMMIGRATION REFORM AND CONTROL ACT OF 1986, DEBARMENT STATUS, ANTITRUST, MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS, CLARIFICATION OF TERMS, PAYMENT shall apply in all instances. In the event there is a conflict between any of the other General Terms and Conditions and any Special Terms and Conditions in this solicitation, the Special Terms and Conditions shall apply.

L. QUALIFICATIONS OF BIDDERS: The Commonwealth may make such reasonable investigations as deemed proper and necessary to determine the ability of the bidder to perform the services/furnish the goods and the bidder shall furnish to the Commonwealth all such information and data for this purpose as may be requested. The Commonwealth reserves the right to inspect bidder’s physical facilities prior to award to satisfy questions regarding the bidder’s capabilities. The Commonwealth further reserves the right to reject any bid if the evidence submitted by, or investigations of, such bidder fails to satisfy the Commonwealth that such bidder is properly qualified to carry out the obligations of the contract and to provide the services and/or furnish the goods contemplated therein.

M. TESTING AND INSPECTION: The Commonwealth reserves the right to conduct any test/inspection it may deem advisable to assure goods and services conform to the specifications.

N. ASSIGNMENT OF CONTRACT: A contract shall not be assignable by the contractor in whole or in part without the written consent of the Commonwealth.

O. CHANGES TO THE CONTRACT: Changes can be made to the contract in any of the following ways:

1. The parties may agree in writing to modify the terms, conditions, or scope of the contract. Any additional goods or services to be provided shall be of a sort that is ancillary to the contract goods or services, or within the same broad product or service categories as were included in the contract award. Any increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract.

2. The Purchasing Agency may order changes within the general scope of the contract at any time by written notice to the contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed, the method of packing or shipment, and the place of delivery or installation. The contractor shall comply with the notice upon receipt, unless the contractor intends to claim an adjustment to compensation, schedule, or other contractual impact that would be caused by complying with such notice, in which case the contractor shall, in writing, promptly notify the Purchasing Agency of the adjustment to be sought, and before proceeding to comply with the notice, shall await the Purchasing Agency's written decision affirming, modifying, or revoking the prior written notice. If the Purchasing Agency decides to issue a notice that requires an adjustment to compensation, the contractor shall be compensated for any additional costs incurred as the result of such order and shall give the Purchasing Agency a credit for any savings. Said compensation shall be determined by one of the following methods:

a. By mutual agreement between the parties in writing; or

b. By agreeing upon a unit price or using a unit price set forth in the contract, if the work to be done can be expressed in units, and the contractor accounts for the number of units of work performed, subject to the Purchasing Agency’s right to audit the contractor’s records and/or to determine the correct number of units independently; or

c. By ordering the contractor to proceed with the work and keep a record of all costs incurred and savings realized. A markup for overhead and profit may be allowed if provided by the contract. The same markup shall be used for determining a decrease in price as the result of savings realized. The contractor shall present the Purchasing Agency with all vouchers and records of expenses incurred and savings realized. The Purchasing Agency shall have the right to audit the records of the contractor as it deems necessary to determine costs or savings. Any claim for an adjustment in price under this provision must be asserted by written notice to the Purchasing Agency within thirty (30) days from the date of receipt of the written order from the Purchasing Agency. If the parties fail to agree on an amount of adjustment, the question of an increase or decrease in the contract price or time for performance shall be resolved in accordance with the procedures for resolving disputes provided by the Disputes Clause of this contract or, if there is none, in accordance with the disputes provisions of the Commonwealth of Virginia Vendors Manual. Neither the existence of a claim nor a dispute resolution process, litigation or any other provision of this contract shall excuse the contractor from promptly complying with the changes ordered by the Purchasing Agency or with the performance of the contract generally.

P. DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the

Commonwealth, after due oral or written notice, may procure them from other sources and hold the contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies which the Commonwealth may have.

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T. INSURANCE: By signing and submitting a bid under this solicitation, the bidder certifies that if awarded the contract, it will have the following insurance coverage at the time the contract is awarded. For construction contracts, if any subcontractors are involved, the subcontractor will have workers’ compensation insurance in accordance with §§ 2.2-4332 and 65.2-800 et seq. of the Code of Virginia. The bidder further certifies that the contractor and any subcontractors will maintain these insurance coverage during the entire term of the contract and that all coverage will be provided by companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission.

MINIMUM INSURANCE COVERAGES AND LIMITS:

1. Workers’ Compensation - Statutory requirements and benefits. Coverage is compulsory for employers of three or more employees, to include the employer. Contractors who fail to notify the Commonwealth of increases in the number of employees that change their workers’ compensation requirements under the Code of Virginia during the course of the contract shall be in noncompliance with the contract.

2. Employer’s Liability - $100,000.

3. Commercial General Liability - $1,000,000 per occurrence and $2,000,000 in the aggregate. Commercial General Liability is to include bodily injury and property damage, personal injury and advertising injury, products and completed operations coverage. The Commonwealth of Virginia shall be added as an additional insured to the policy by an endorsement.

4. Automobile Liability - $1,000,000 combined single limit. (Required only if a motor vehicle not owned by the Commonwealth is to be used in the contract.